1. Apprehended Violence Orders (AVOs)
What is an AVO?
An apprehended violence order (AVO) is a court order made against a person which aims to protect and restrict the behaviour towards another person in need of protection (PINOP). AVOs contain mandatory conditions and some optional conditions. The purpose of an AVO is to restrict a person on whom the AVO is imposed from violence, harassment, intimidation or stalking.
There are two types of AVOs. An Apprehended Domestic Violence Order (ADVO) is issued where there is an existing domestic or family relationship between one party and the PINOP. If police are contacted in relation to a domestic incident, they may be legally required to issue an AVO. AVOs may be made by the police even where the PINOP does not want the AVO to be issued. These are made when they are concerned about the welfare and safety of the PINOP.
An Apprehended Personal Violence Order (APVO) is issued where there is no domestic or family relationship between persons concerned.
Effects of AVOs:
An AVO will not appear on your criminal record, however an outstanding AVO will appear on any ‘background check’ conducted by employees. It will affect your ability to work with children and carry firearms.
In addition, it can negatively affect your personal relationships. This may occur where it prevents you from living with the person who applied for the AVO.
Defending an AVO:
A process must be followed if you do not agree with an AVO. This process is outlined in the Local Court Practice Note.
Section 16 of the Crimes (Domestic and Personal Violence) Act outlines the factors that must be proved on the balance of probabilities to fight an AVO.
Varying an AVO:
An AVO can be varied by applying to the courts to vary the conditions. Generally, the person against whom it is imposed, the protected person or the police can apply.
Revoking an AVO:
Even where a final AVO has been made, an application to the Local Court to later change the conditions or eliminate it completely can be made.
Where an AVO involves a PINOP under 16 years of age then only the police can apply to change or revoke the AVO.
2. Assault
What is assault?
An assault is any unauthorised touching or any intentional or reckless action that causes someone to immediately apprehend unlawful violence. The type of charge will depend on the circumstances.
Types of Assault Charges:
Common Assault
Common assault is an act whereby a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence. It is an offence according to section 61 of the Crimes Act 1900 (NSW).
Carries a maximum penalty of 2 years in prison and/or a fine of $5,000.00.
Most common penalty is a section 9 good behavior bond followed by a section 10 bond.
The following elements must be proven by the prosecution to establish this offence:
- The accused caused another person to fear immediate or unlawful violence or physical contact was made
- That the other person did not consent, and
- Such action was intentional or reckless.
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm is an assault that causes actual bodily harm (e.g. black eye, lasting bruises, psychiatric condition). It is an offence according to section 59 of the Crimes Act 1900 (NSW).
If heard in the Local Court, the maximum penalty is 2 years imprisonment and/or a $5,500.00 fine.
If heard in the District Court, the maximum penalty is 5 years imprisonment or 7 years where committed with another person.
Most common penalty is a section 9 good behavior bond.
The following elements must be proven by the prosecution to establish this offence:
- That the accused, acted in a manner that induced someone to fear immediate and unlawful violence or, touched someone without their consent
- That the accused acted intentionally or recklessly
- That the accused had no lawful excuse for such actions
- Physical injury was caused that is more than transient or trifling or a form of serious psychological injury was caused.
Assaulting a police officer
Assault and other actions against police officers is an offence according to section 60 of the Crimes Act 1900 (NSW).
Different circumstances carry different penalties.
A person who assaults a police officer while on duty, although no actual bodily harm is occasioned, carries a maximum penalty of 5 years in prison.
A person who assaults a police officer while on duty and actual bodily harm is occasioned, carries a maximum penalty of 7 years in prison.
If grievous bodily harm is occasioned the maximum increases to 12 years imprisonment.
The following elements must be proven by the prosecution to establish this offence:
- The accused assaulted another person;
- That person was a police officer; and
- That police officer was executing their duties.
The prosecution must also prove that the accused actions cause the police officer injury if charged with charged with Assaulting Police and causing injury to the Police officer.
If charged with Assaulting a police officer and causing grievous bodily harm or wounding, the prosecution must additionally prove that grievous bodily harm was caused by the action of the accused and the accused intended (or was reckless) to cause that degree of harm.
Even if the police officer is not on duty, an act is considered against a police officer if it is carried out due to actions by the officer while executing their duty or by the fact that they are a police officer.
3. Recklessly Causing Grievous Bodily Harm or Wounding
What is recklessness?
Recklessness involves foreseeing the possibility that actual bodily harm could be occasioned to another person but continuing with such actions anyway.
What is grievous bodily harm?
In this context, GBH is very serious harm and includes any permanent or serious disfiguring of a person. The injury need not be life threatening or permanent.
Recklessly Causing Grievous Bodily Harm or Wounding is an offence according to section 35 of the Crimes Act 1900 (NSW). It carries a maximum penalty of 10 years in prison (14 years if in company).
The most common penalty attributed to recklessly causing GBH is imprisonment (88%). On average offenders are imprisoned for 36 months, with a non-parole period of 18 months.
The most common penalties for reckless wounding offences are imprisonment (55%) and suspended sentence (29.8%).
The following elements must be proven by the prosecution to establish this offence:
- That the accused caused a wound, or inflicted GBH, and
- That it was caused by the accuses recklessness.
Causing Grievous Bodily Harm or Wounding with Intent
Wounding with intent to cause GBH is where a person commits an intentional act which causes serious injury to another person. It is an offence according to section 33 of the Crimes Act 1900 (NSW).
The following elements must be proven by the prosecution to establish this offence:
- The accused caused injury; and
- Such injury amounted to GBH; and
- The accused intended to cause this type of injury.
What is wounding?
Wounding is any injury which breaks or cuts the interior layer of the skin such as a split lip.
4. Domestic Violence
In New South Wales there is no specific offence for ‘domestic violence’ rather the police will bring domestic violence charges and/or apply for an AVO.
